Commonwealth v. De Shields

483 A.2d 969, 335 Pa. Super. 89, 1984 Pa. Super. LEXIS 6523
CourtSupreme Court of Pennsylvania
DecidedNovember 2, 1984
Docket2312
StatusPublished
Cited by4 cases

This text of 483 A.2d 969 (Commonwealth v. De Shields) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. De Shields, 483 A.2d 969, 335 Pa. Super. 89, 1984 Pa. Super. LEXIS 6523 (Pa. 1984).

Opinions

POPOVICH, Judge:

This is an appeal from the judgment of sentence entered by the Court of Common Pleas of Philadelphia County following the appellant’s, Wilbert DeShields’, convictions of first degree murder and possession of an instrument of crime, generally. We affirm.

The facts, viewed in a light most favorable to the verdict-winner, reveal that at 12:45 a.m. on the 30th of October, 1980, Tyrone Johnson, Derrick Hart and Richard Moore (also known as “Fats”) were engaged in a conversation at the corner of 32nd and Morris Streets in Philadelphia. Shortly thereafter the appellant joined the group and got into an argument with Moore. The appellant accused Moore of taking his drugs (“speed”) and girl. Moore did not deny the accusations, and this caused the appellant to pull a knife and threaten Moore that “somebody’s going to die tonight.” Moore told the appellant to put the knife away and fight fair. A fight never materialized, but the appellant did put the knife away.

The four then walked down 32nd Street, with Johnson leaving the group at Arlington. The others continued on [92]*92their way with Moore walking to the left of Hart and the appellant trailing the two. At 32nd and Monument Streets the appellant came up to Moore and said, “You took so much. Take this.” Initially, Hart thought that the appellant had punched Moore somewhere on the top of the right shoulder. But, when he turned to see the appellant bring his arm down to his side, he noticed that the appellant “had a knife in his hand.” Moore reacted by running into the street and yelling at the appellant that “he would kill him.”

The appellant warned Hart that if he “snitched” he would be blamed for the stabbing. In point of fact, Hart did not report what he had seen to the police until the following day, after hearing of Moore’s death.

At 12:45 a.m., James Roberts, who lived one block from the scene and knew both the appellant and the victim, heard a knock at his front door. Upon answering, Richard Moore asked Roberts to take him to the hospital because he had been stabbed. However, by the time Roberts got dressed Moore was nowhere to be found.

At 12:55 a.m., Officers Jordan and Edney received a radio bulletin of a stabbing at 3000 Euclid Street, which is approximately 3 blocks from 32nd and Monument. Upon arriving at the stated address, the police were told by a female that the male in her home had knocked on her door and “just fell in.” As Officer Jordan attempted to open the front door, he was hampered by the fact that the victim was lying on his left side blocking the door with his feet. Officer Jordan finally gained entry and knelt down beside the victim and saw that he “was breathing rather erratically. He had a hard time breathing, had a lot of pain on his face[.]” The officer asked him who stabbed him. Before the victim lost consciousness, he stated, “Wilbert did it.”

Thereafter, the victim was transported to the hospital and there he died as a result of a stab wound sustained on his right shoulder which severed a vein causing 3 pints of blood to collect in his chest cavity.

[93]*93Within 20 minutes after information concerning the stabbing had been relayed over the radio, two Philadelphia police officers arrived on the scene with Samuel DeShields. One of the officers (Carter), upon viewing the individual, “stated ... that he knew this guy, and that Wilbert — this Wilbert was this man’s brother, and that he lived in the 3200 block of Monument Street.” Also, Samuel DeShields told the police that “he believed his brother Wilbert had stabbed Fats____”

Once the police arrived at the appellant’s residence, Officer Jordan knocked on the front door and stated, “This is the police.” He then heard a female, later determined to be the appellant’s mother, say, “Wilbert, it is the cops. Get out.” Again, the officer knocked on the door, and, finding it ajar, stepped into a vestibule area that had another door which also was open and led into the living room. The officer yelled his identity a second time before appellant’s mother came to ask what he wanted.

Officer Jordan informed the appellant’s mother his purpose for being there. The appellant, thereafter, was advised of his rights and handcuffed. As he was being escorted out of the house, the appellant turned to Officer Jordan and said, “I beat one. I will beat this one, too.”

Later on that same evening, as the appellant was being placed in an elevator to be taken from the basement to the homicide division at Eighth and Race Streets in Philadelphia, he turned to Officer Jordan and asked, “Is that guy dead?” The officer remarked, “Look, you don’t have to say nothing until you talk to your lawyer.” Nevertheless, the appellant turned to the officer and stated, “If the dude died, he deserved what he got.”

Between 1:30-1:45 a.m., the appellant’s invocation of his right to an attorney, coupled with what Detective James McCaffery felt was insufficient evidence, prompted his release. It was not until Derrick Hart reported to the police that he witnessed the stabbing that the appellant was rearrested and charged with the killing.

[94]*94Following a trial by jury, post-verdict motions were filed in which the appellant questioned the competency of trial counsel. New counsel was appointed for the appellant and a hearing was conducted to review the merits of all of the appellant’s claims. A court en banc ruled against the appellant, and, thereafter, a sentence of life imprisonment was issued for the stabbing death of Roger Moore and a concurrent sentence of 21/2 to 5 years was imposed for the weapons offense. This appeal was then perfected.

The appellant now assails the admissibility of the victim’s statement as a dying declaration and trial counsel’s stewardship.

The appellant argues that there was no evidence to show that Roger Moore was aware of the severity of his wound, as evidenced by his threats of retaliation and running a substantial distance before collapsing. Thus, he continues, one of the criteria necessary to admit a statement as a dying declaration was missing and should have caused appellant’s statement to be excluded at trial.

It is true that the admission of a hearsay statement as a dying declaration requires proof that at the time the declarant spoke, death was imminent, he had a sense of impending death and death did in fact ensue. Commonwealth v. Miller, 490 Pa. 457, 417 A.2d 128 (1980). However, as correctly observed by the trial court, in Pennsylvania a declarant’s belief in his imminent demise may be inferred from surrounding circumstances, including the nature of the declarant’s wounds. Commonwealth v. Cooley, 465 Pa. 35, 348 A.2d 103 (1975).

Instantly, the assistant medical examiner recounted that the victim had sustained a % inch stab wound which severed a major vein behind the collarbone. This caused in excess of 3 pints of blood to drain into the decedent’s chest cavity and hastened death. Couple the preceding with Officer Jordan’s description of the victim grimacing and breathing with difficulty while lying prostrate on the floor of a stranger’s house, and we have no difficulty in conclud[95]*95ing that the evidence was sufficient to infer the declarant’s awareness that he was near death so as to render his statement (“Wilbert did it”) a dying declaration. See Commonwealth v. Plubell, 367 Pa.

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Related

Commonwealth v. Griffin
684 A.2d 589 (Superior Court of Pennsylvania, 1996)
State v. Jacob
494 N.W.2d 109 (Nebraska Supreme Court, 1993)
Commonwealth v. Williams
602 A.2d 350 (Superior Court of Pennsylvania, 1992)
Commonwealth v. De Shields
483 A.2d 969 (Supreme Court of Pennsylvania, 1984)

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Bluebook (online)
483 A.2d 969, 335 Pa. Super. 89, 1984 Pa. Super. LEXIS 6523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-de-shields-pa-1984.